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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Legal Profession Amendment
(Incorporated Legal Practices) Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Legal Profession Act 1987 No 109 2
4 Amendment of other Acts 2
Schedules
1 Principal amendment 3
2 Consequential and other amendments of Legal Profession
Act 1987 14
3 Consequential amendments of other Acts 22
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2000
New South Wales
Legal Profession Amendment
(Incorporated Legal Practices) Bill 2000
Act No , 2000
An Act to amend the Legal Profession Act 1987 with respect to incorporated legal
practices; and for other purposes.
Clause 1 Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Legal Profession Amendment (Incorporated Legal
Practices) Act 2000.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Legal Profession Act 1987 No 109
The Legal Profession Act 1987 is amended as set out in Schedules 1
and 2.
4 Amendment of other Acts
The Acts specified in Schedule 3 are amended as set out in that
Schedule.
Page 2
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Principal amendment Schedule 1
Schedule 1 Principal amendment
(Section 3)
Part 3, Division 2A
Insert after Division 2 of Part 3:
Division 2A Incorporated legal practices
47B Definitions
In this Division:
corporation means:
(a) a company within the meaning of the Corporations
Law, or
(b) a State owned corporation, or
(c) an industrial organisation incorporated under a law of
the Commonwealth, a State or a Territory, or
(d) any other body corporate, or body corporate of a kind,
prescribed by the regulations.
director means a director within the meaning of the
Corporations Law.
legal services means work done, or business transacted, in the
capacity of a solicitor.
solicitor director means a director of an incorporated legal
practice who holds an unrestricted practising certificate as a
solicitor and barrister (including an interstate practising
certificate that confers a similar authority to practise in this
State).
47C Nature of incorporated legal practice
(1) An incorporated legal practice is a corporation that provides
legal services.
Page 3
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Schedule 1 Principal amendment
(2) Any incorporated legal practice may provide any other service
and conduct any other business that the corporation may
lawfully provide or conduct (other than a managed investment
scheme within the meaning of Chapter 5C of the Corporations
Law).
(3) However, a corporation is not an incorporated legal practice if:
(a) the corporation does not receive any form of, or any
expectation of, a fee, gain or reward for the legal
services it provides, or
(b) the only legal services that the corporation provides are
in-house legal services, namely, legal services
concerning a proceeding or transaction to which the
corporation (or a related body corporate within the
meaning of section 50 of the Corporations Law) is a
party, or
(c) the regulations exempt the corporation from this Part.
47D Corporations eligible to be incorporated legal practices
(1) Any corporation is eligible to be an incorporated legal practice.
(2) This section does not authorise a corporation to provide legal
services if the corporation is prohibited from doing so by the
Act or law under which it is incorporated or its affairs are
regulated.
Note. See sections 48D and 48E for offences relating to the provision of
legal services by unauthorised corporations.
47E Solicitor directors of incorporated legal practices
(1) An incorporated legal practice is required to have at least one
solicitor director.
Note. Section 48D provides that an incorporated legal practice is guilty of
an offence under that section if it does not have a solicitor director (except
for any reasonable period required to appoint a replacement solicitor
director).
(2) The solicitor director or directors of an incorporated legal
practice are, for the purposes only of this Act, generally
responsible for the management of the legal services provided
in New South Wales by the incorporated legal practice.
Page 4
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Principal amendment Schedule 1
(3) It is professional misconduct if any such solicitor director does
not ensure that:
(a) appropriate management systems are implemented and
maintained to enable the provision of those legal
services in accordance with the professional obligations
of solicitors and the other obligations imposed by or
under this Act, and
(b) any conduct of another director of the practice that has
resulted or is likely to result in a contravention of those
obligations is reported to the Law Society Council
promptly after the solicitor director becomes aware of it,
and
(c) any professional misconduct of a solicitor employed by
the practice to provide legal services is reported to the
Law Society Council promptly after the solicitor
director becomes aware of it, and
(d) all reasonable action available to the solicitor director is
taken to deal with any professional misconduct or
unsatisfactory professional conduct of a solicitor so
employed by the practice.
(4) It is also professional misconduct for any such solicitor director
to remain as a director of the corporation, and thereby authorise
its continued provision of legal services, if it becomes apparent
that the provision of those legal services will result in breaches
of the professional obligations of solicitors or other obligations
imposed by or under this Act (whether because of the
unsuitability of any other director or directors or otherwise).
(5) The provisions of this section relating to a solicitor director of
an incorporated legal practice that is an externally-administered
body corporate under the Corporations Law do not apply to the
extent that they are inconsistent with the provisions of Chapter
5 of the Corporations Law or of Parts 8 and 8A of this Act.
(6) This section does not apply to a community legal centre that
complies with section 48H.
Page 5
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Schedule 1 Principal amendment
47F Prohibition of repeat offender from managing a corporation that
is an incorporated legal practice
(1) The Supreme Court may, on the application of the Law Society
Council, disqualify a person from managing a corporation that
is an incorporated legal practice for the period the Court
considers appropriate if the Court is satisfied that:
(a) the person is a person who could be disqualified under
section 206E of the Corporations Law from managing
corporations, and
(b) the disqualification is justified.
(2) The Supreme Court may, on the application of the disqualified
person, revoke a disqualification imposed under this section.
(3) A corporation is not an incorporated legal practice (within the
meaning of this Division) that is authorised to provide legal
services if a disqualified person is a director or other officer
(within the meaning of the Corporations Law) of the
corporation.
Note. See sections 48D and 48E for offences relating to the provision of
legal services by unauthorised corporations.
(4) A disqualification imposed under this section has effect for the
purposes only of this Act and does not affect the Corporations
Law.
47G Solicitors rules--application to incorporated legal practices
(1) The solicitors rules apply to solicitors who are officers or
employees of an incorporated legal practice.
(2) However, the solicitors rules cannot prohibit or regulate any of
the following matters:
(a) the corporations eligible to be incorporated legal
practices,
(b) the other services or other business that an incorporated
legal practice may provide or conduct,
(c) the conduct of officers or employees of an incorporated
legal practice (other than solicitors in connection with
the provision of its legal services).
(3) In this section:
solicitors rules includes joint rules.
Page 6
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Principal amendment Schedule 1
47H Solicitors' professional obligations and privileges
(1) A solicitor who provides legal services in the capacity of an
officer or employee of an incorporated legal practice is not
excused from compliance with the professional obligations of
a solicitor and does not lose the professional privileges of a
solicitor.
(2) For the purpose only of the application of those obligations and
privileges, the persons provided with legal services by an
incorporated legal practice are taken to be the clients of the
solicitors engaged in providing those services.
(3) To avoid doubt, the law relating to client legal privilege (or
other legal professional privilege) is not excluded or otherwise
affected because the solicitor is acting in the capacity of an
officer or employee of an incorporated legal practice.
(4) The directors of an incorporated legal practice do not breach
their duties as directors merely because legal services are
provided pro bono by the solicitors engaged by the practice.
(5) In this section:
professional obligations includes:
(a) duties to the court, and
(b) obligations in connection with conflicts of interest, and
(c) duties of disclosure to clients (including with respect to
matters relating to costs under Part 11), and
(d) ethical rules required to be observed by a solicitor.
47I Advertising and disclosures with respect to legal services
(1) Any restriction imposed by or under this Act in connection
with advertising by solicitors applies to advertising by an
incorporated legal practice with respect to the provision of its
legal services.
Note. See sections 38J and 38K with respect to advertising by solicitors.
(2) Any such advertisement is, for the purposes of disciplinary
proceedings under this Act, taken to have been authorised by
the solicitor directors of the practice.
Page 7
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Schedule 1 Principal amendment
(3) The regulations may make provision for or with respect to
disclosures by an incorporated legal practice in connection with
the provision of legal services, including the kind of services
provided by the practice and whether those services are or are
not covered by the insurance or other provisions of this Act.
47J Application of Part 11 (Legal fees and other costs)
(1) Part 11 applies to legal services provided by an incorporated
legal practice as if a reference in that Part to a solicitor included
a reference to the incorporated legal practice and to any
external administrator.
(2) The regulations may make other modifications to the
application of Part 11 for the purposes of this section.
47K Provisions relating to indemnity insurance
(1) An incorporated legal practice is required to comply with the
obligations of an insurable solicitor under Division 2 with
respect to insurance policies and payments to or on account of
the Solicitors' Mutual Indemnity Fund. The Law Society
Council may suspend the practising certificate of a solicitor
director of the practice if any such obligation is not complied
with.
(2) The insurance premiums or other amounts payable under
Division 2 by an incorporated legal practice may be determined
by reference to the total number of solicitors employed by the
practice and other relevant matters.
(3) The amounts payable from the Solicitors' Mutual Indemnity
Fund include amounts for such liability of an incorporated legal
practice, and of the solicitors who are officers and employees
of the practice, in connection with the provision of legal
services as the Law Society Council determines with the
approval of the Attorney General.
(4) The Law Society Council may exempt an incorporated legal
practice from this section on such grounds as the Council
considers sufficient.
47L Application of Part 6 (Trust accounts)
(1) Part 6 applies (subject to this section) to incorporated legal
practices in the same way as it applies to solicitors.
Page 8
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Principal amendment Schedule 1
(2) Accordingly:
(a) the obligations and rights of a solicitor under Part 6
extend to an incorporated legal practice, but only in
connection with legal services provided by the practice,
and
(b) money received by a solicitor on behalf of another
person in the course of practising as a solicitor (within
the meaning of Part 6) includes money received by any
officer or employee of the incorporated legal practice on
behalf of another person in the course of providing legal
services.
(3) The Law Society Council may exercise its powers under
section 38 (Refusal, suspension or cancellation of practising
certificate as solicitor and barrister--trust accounts etc) with
respect to a solicitor director of an incorporated legal practice
for any relevant failure of the practice or any officer or
employee of the practice.
(4) The regulations may make any other modifications to the
application of Part 6 for the purposes of this section.
47M Application of Part 7 (Solicitors' Fidelity Fund)
(1) Part 7 applies (subject to this section) to incorporated legal
practices in the same way it applies to solicitors.
(2) Accordingly, an incorporated legal practice is required to make
payments to or on account of the Solicitors' Fidelity Fund
under Part 7 as if it were a solicitor applying for or holding a
practising certificate. The Law Society Council may suspend
the practising certificate of a solicitor director of the practice if
any such payment is not made by the due date.
(3) The amounts payable to that Fund by an incorporated legal
practice may be determined by reference to the total number of
solicitors employed by the practice and other relevant matters.
(4) For the purposes of the application of Part 7 to incorporated
legal practices:
(a) a failure to account by a solicitor extends to a failure to
account by an incorporated legal practice, but only if it
occurs in connection with the provision of legal
services, and
Page 9
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Schedule 1 Principal amendment
(b) a dishonest default by a solicitor extends to a dishonest
default by an incorporated legal practice, but only if it
occurs in connection with the provision of legal
services, and
(c) a reference to a firm of solicitors includes a reference to
an incorporated legal practice.
Note. See for example section 89 with respect to the ceiling on payments
from the Fund for failures to account by the same firm.
(5) The regulations may make any other modifications to the
application of Part 7 for the purposes of this section.
47N Extension of vicarious liability of incorporated practice relating
to failures to account and dishonesty
(1) This section applies to any of the following proceedings (being
proceedings based on the vicarious liability of an incorporated
legal practice):
(a) civil proceedings relating to a failure to account for, pay
or deliver money or other valuable property received by,
or entrusted to, the practice (or to any solicitor or other
employee of the practice) in the course of the provision
of legal services by the practice, being money or other
valuable property under the direct or indirect control of
the practice,
(b) civil proceedings for any other debt owed, or damages
payable, to a client as a result of a dishonest act or
omission by a solicitor who is an employee of the
practice in connection with the provision of legal
services to the client.
(2) If the incorporated legal practice would not (but for this
section) be vicariously liable for any acts or omissions of its
officers and employees in any such proceedings, but would be
liable for those acts or omissions if the practice and those
officers and employees were carrying on business in
partnership, the practice is taken to be vicariously liable for
those acts or omissions.
Page 10
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Principal amendment Schedule 1
47O Investigation of incorporated legal practices
(1) Section 55 and section 152 apply (subject to this section) to
corporations that are or were incorporated legal practices in the
same way that they apply to persons who are or were solicitors
or legal practitioners.
(2) An investigation under either of those sections extends to all of
the affairs of an incorporated legal practice and to all of its
documents, so long as the investigation relates to the provision
of legal services.
(3) The regulations may:
(a) extend the powers of investigation under section 55 or
section 152 in relation to incorporated legal practices by
reference to any powers of investigation conferred on
the Australian Securities and Investment Commission
under the Corporations Law or under any
Commonwealth Act with respect to the affairs of a
corporation, and
(b) require a copy of any document that is to be furnished
by an incorporated legal practice to the Australian
Securities and Investment Commission under the
Corporations Law to be furnished also to the Law
Society Council or the Commissioner, or both, and
(c) make other modifications to the application of section
55 or section 152 for the purposes of this section.
47P Review of incorporated legal practices
(1) The Law Society Council or the Commissioner may conduct a
review of the compliance of an incorporated legal practice (and
of its officers and employees) with the requirements of or made
under this Act in connection with the provision of legal
services by the practice.
(2) The investigative powers referred to in section 47O may be
exercised for the purposes of any such review.
(3) Any such review may be conducted whether or not a complaint
has been made with respect to the provision of legal services by
the incorporated legal practice.
Page 11
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Schedule 1 Principal amendment
(4) A report of any such review:
(a) is to be provided to the incorporated legal practice
concerned, and
(b) may be provided to the Commissioner by the Law
Society Council or to that Council by the Commissioner
(as the case may be), and
(c) may be taken into account in connection with any
disciplinary proceedings under Part 10 or in connection
with the issue, suspension or cancellation of practising
certificates by the Law Society Council.
47Q Disclosure of information to ASIC
(1) The Law Society Council (or a person referred to in section 56
(1) or (3)) or the Commissioner may disclose to the Australian
Securities and Investment Commission information concerning
an incorporated legal practice or former incorporated legal
practice that has been acquired in connection with the exercise
of functions under this Act.
(2) Any such information may be provided despite any law relating
to secrecy or confidentiality (including any provisions of
section 56).
47R External administration proceedings under Corporations Law
(1) This section applies to proceedings in any court under Chapter
5 (External administration) of the Corporations Law:
(a) relating to a corporation that is an externally-
administered body corporate under that Law, or
(b) relating to a corporation becoming such a body
corporate,
being a corporation that is or was an incorporated legal
practice.
(2) The Law Society Council and the Commissioner are entitled to
be a party to any such proceedings, unless the court determines
that the proceedings do not concern or affect the provision of
legal services by the incorporated legal practice.
Page 12
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Principal amendment Schedule 1
(3) The court may, when exercising its jurisdiction in any such
proceedings, have regard to the interests of the clients of the
incorporated legal practice who have been or are to be
provided with legal services by the practice (even if those
interests conflict with the interests of the creditors or
shareholders of the practice). This subsection does not
authorise the court to make any decision that is contrary to a
specific provision of Chapter 5 of the Corporations Law.
(4) Parts 8 (Receivers) and 8A (Managers) do not apply to
corporations that are or were incorporated legal practices.
47S This Act prevails over Corporations Law and certain other
instruments
(1) The provisions of this Act or the regulations that apply to or in
respect of an incorporated legal practice prevail, to the extent
of any inconsistency, over the applicable corporate law.
(2) For the purposes of this section, the applicable corporate law
for an incorporated legal practice comprises the following:
(a) the provisions of or made under the Corporations Law,
(b) if the practice is not incorporated under the
Corporations Law--the provisions of or made under
the Act or law under which the practice is incorporated,
(c) the constitution or other constituent documents of the
practice.
47T Regulations relating to incorporated legal practices
(1) The regulations may make provision for or with respect to legal
services provided by incorporated legal practices.
(2) A regulation prevails over any inconsistent provision of the
solicitors rules or joint rules.
(3) A regulation may provide that a breach of the regulations
constitutes or may constitute professional misconduct or
unsatisfactory professional conduct by a solicitor director or by
the solicitor responsible for the breach, or both.
Page 13
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Schedule 2 Consequential and other amendments of Legal Profession Act 1987
Schedule 2 Consequential and other amendments of
Legal Profession Act 1987
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
incorporated legal practice means a corporation that is an
incorporated legal practice within the meaning of Division 2A
of Part 3.
[2] Section 3 (1), definition of "solicitor"
Omit ", and includes a solicitor corporation".
[3] Section 3 (1), definition of "solicitor corporation"
Omit the definition.
[4] Section 26 Election to practise as barrister or solicitor and barrister
Insert "and barrister" after "solicitor" in section 26 (2).
[5] Section 28 Solicitors and barristers
Omit section 28 (5).
[6] Section 32 Conditions may be imposed on practising certificates
Omit section 32 (4).
[7] Section 38A Refusal, suspension or cancellation of practising
certificate--infirmity
Omit "(other than that of a solicitor corporation)" from section 38A (1).
[8] Section 38F Application of provisions of Division
Insert "and barrister" after "solicitor" in section 38F (1).
Page 14
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Consequential and other amendments of Legal Profession Act 1987 Schedule 2
[9] Section 38L Advocates
Omit section 38L (4).
[10] Section 48 Application of Division to other persons
Renumber the section as section 47A.
[11] Section 48B Unqualified person acting as barrister or solicitor and
barrister
Omit "A person" from section 48B (1). Insert instead "A natural person".
[12] Section 48B (5)
Omit the subsection.
[13] Section 48C Unqualified person making false representation to be a
barrister or solicitor and barrister
Omit "A person" wherever occurring. Insert instead "A natural person".
[14] Section 48D Offence by corporation or officers
Omit "Maximum penalty: 50 penalty units" from section 48D (1).
Insert instead "Maximum penalty: 500 penalty units".
[15] Section 48D (3) and (4)
Omit section 48D (3). Insert instead:
(3) This section does not apply to or in respect of an incorporated
legal practice that has at least one solicitor director (within the
meaning of Division 2A of Part 3). Any such practice does not
contravene this section because it ceases to have such a
solicitor director if a new solicitor director is appointed within
the time prescribed by the regulations or, if no such time has
been prescribed, within a reasonable time.
(4) If a person contravenes this section:
(a) no action lies for the recovery of costs in respect of
anything done in the course of the contravention, and
Page 15
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Schedule 2 Consequential and other amendments of Legal Profession Act 1987
(b) if any such costs have been paid, the amount paid may
be recovered as a debt owed by the person to whom
they were paid to the other person who paid them.
[16] Section 48E Limitation on general legal work and probate work
Insert "or unless the person is an incorporated legal practice and the work
is done on its behalf by a barrister or solicitor" after "barrister or solicitor"
in section 48E (2).
[17] Section 48E (7)
Omit the subsection.
[18] Section 48F Sharing receipts
Insert after section 48F (4):
(5) Despite anything to the contrary in this section, a solicitor may
share with an incorporated legal practice the receipts of the
business of the practice. The regulations, solicitors rules or
joint rules may not prevent or restrict the solicitor from doing
so.
[19] Sections 48I Prohibition on employment of certain non-legal clerks
Insert after section 48I (2):
(2A) The prohibition imposed by an order made under this section
extends to a prohibition on the employment or payment of the
person against whom the order was made in connection with
the legal services provided by an incorporated legal practice.
[20] Section 48K Associates who are disqualified or convicted persons
Insert after section 48K (7):
(8) This section extends to solicitor directors of an incorporated
legal practice. Accordingly, a solicitor director is guilty of
professional misconduct if the solicitor director would be guilty
of professional misconduct under this section:
(a) if persons employed or paid by the incorporated legal
practice in connection with the provision of legal
Page 16
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Consequential and other amendments of Legal Profession Act 1987 Schedule 2
services were taken to be employed or paid by the
solicitor director, or
(b) if prescribed shareholders in the incorporated legal
practice were taken to be sharing the receipts of the
solicitor director's practice.
[21] Section 54 Functions of Law Society
Omit paragraph (d) of the definition of solicitor in section 54 (2).
Insert instead:
(d) in relation to the provision of legal services, an
incorporated legal practice or a former or dissolved
incorporated legal practice.
[22] Section 55 Investigation of affairs of solicitor or locally registered
foreign lawyer
Omit paragraphs (c) and (d) of the definition of solicitor in section 55 (11).
Insert instead:
(c) in relation to anything done or omitted to be done by a
solicitor--a deceased solicitor or deceased former
solicitor, and
(d) except in relation to anything done or omitted to be
done by a solicitor--the personal representative of a
deceased solicitor or deceased former solicitor.
[23] Section 60 Definitions
Omit ", or a director of or voting shareholder in the solicitor (being a
solicitor corporation)" from section 60 (2) (b).
[24] Section 80 Claims against Fidelity Fund
Omit section 80 (5) (b).
[25] Section 81 Claims by solicitor who pays compensation for failure to
account or dishonest default
Omit ", or the receiver, receiver and manager, official manager or liquidator
of a solicitor corporation or a former solicitor corporation" from the
definition of solicitor in section 81 (3).
Page 17
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Schedule 2 Consequential and other amendments of Legal Profession Act 1987
[26] Section 90A Subrogation
Omit section 90A (2) (c).
[27] Section 91 Definitions
Omit paragraphs (c) and (d) of the definition of solicitor in section 91 (1).
Insert instead:
(c) in relation to anything done or omitted to be done by a
solicitor--a deceased solicitor or deceased former
solicitor, and
(d) except in relation to anything done or omitted to be
done by a solicitor--the personal representative of a
deceased solicitor or deceased former solicitor.
[28] Section 92 Supreme Court may appoint receiver
Omit "(or, in the case of a solicitor corporation, a director of or voting
shareholder in the corporation)" from section 92 (2) (b).
[29] Section 92 (2) (b)
Omit "or because (in the case of a solicitor corporation) the corporation has
been dissolved or a receiver, receiver and manager, official manager or
liquidator has been appointed in relation to the corporation".
[30] Section 93 Court to be closed
Omit section 93 (1) (c1).
[31] Section 114B Appointment of manager
Omit "(other than a solicitor corporation)" from section 114B (2).
[32] Section 126 Definitions
Omit the definition of associated solicitor corporation.
[33] Section 128 Legal practitioner to whom Part applies
Omit section 128 (1) (b).
Page 18
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Consequential and other amendments of Legal Profession Act 1987 Schedule 2
[34] Section 171C Determinations of Tribunal
Omit section 171C (2) (a).
[35] Section 171C (2) (b) and (c)
Omit ", or the practice of any associated solicitor corporation," wherever
occurring.
[36] Section 171C (2) (d), (e), (f)
Omit ", or any associated solicitor corporation," wherever occurring.
[37] Section 171C (2) (d) and (e)
Omit "or the solicitor corporation's practice" wherever occurring.
[38] Section 171D Compensation orders of Tribunal
Omit section 171D (5). Insert instead:
(5) In this section, legal practitioner includes an incorporated legal
practice of which the legal practitioner is an officer or
employee.
[39] Section 171E Award of costs by Tribunal
Omit "(or any associated solicitor corporation)" from section 171E (1).
[40] Section 171M Jurisdiction of Supreme Court not affected
Omit "(other than solicitor corporations)" from section 171M (1).
[41] Part 10A Solicitor corporations
Omit the Part.
[42] Section 173 Definitions
Omit section 173 (2) (f) and "or" at the end of section 173 (2) (e).
Page 19
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Schedule 2 Consequential and other amendments of Legal Profession Act 1987
[43] Section 194 Signing of bill of costs
Omit "signed by a solicitor (being a solicitor corporation)" from section
194 (2).
Insert instead "signed by a solicitor (if it relates to legal services provided
by an incorporated legal practice)".
[44] Section 209C Supreme Court may order delivery up of documents etc
Insert after section 209C (5):
(6) In this section, a reference to a solicitor includes a reference to
an incorporated legal practice in connection with legal services
provided by the practice.
[45] Section 213 Proof of certain matters not required
Omit "(other than a solicitor corporation)" from section 213 (a).
[46] Schedule 8 Savings, transitional and other provisions
Insert at the end of clause 1A (1):
Legal Profession Amendment (Incorporated Legal Practices)
Act 2000
[47] Schedule 8
Insert at the end of the Schedule (with appropriate Part and clause
numbering):
Part Provisions consequent on the enactment of
the Legal Profession Amendment
(Incorporated Legal Practices) Act 2000
Definitions
In this Part:
amending Act means the Legal Profession Amendment
(Incorporated Legal Practices) Act 2000.
Page 20
Legal Profession Amendment (Incorporated Legal Practices) Bill 2000
Consequential and other amendments of Legal Profession Act 1987 Schedule 2
Existing solicitor corporations
(1) This clause applies to a solicitor corporation that was formed
under Division 1 of Part 10A of this Act and that was in
existence immediately before the repeal of that Part by the
amending Act.
(2) Any such solicitor corporation is not dissolved by the repeal of
Part 10A of this Act, but that Part continues to apply to the
solicitor corporation (despite its repeal) until the winding up of
the corporation in accordance with that Part or with the
regulations made under this Schedule. Any such regulations
may apply provisions of the Corporations Law or any other
Act, with or without modification.
(3) Until the dissolution of any such solicitor corporation, any
other provision of this Act relating to solicitor corporations that
is repealed by the amending Act continues to apply, subject to
the regulations made under this Schedule, to the solicitor
corporation (despite the repeal of the provision).
(4) The transfer, in accordance with the Corporations Law, of the
incorporation of any such solicitor corporation to incorporation
under the Corporations Law is authorised.
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Legal Profession Amendment (Incorporated Legal Practices) Bill 1999
Schedule 3 Consequential amendments of other Acts
Schedule 3 Consequential amendments of other Acts
(Section 4)
3.1 Public Notaries Act 1997 No 98
[1] Section 7 Roll of public notaries
Omit ", or any associated solicitor corporation (within the meaning of Part
10 of that Act )," from section 7 (5).
[2] Section 11 Employed public notaries not to carry out certain work
Omit "or a solicitor corporation" from section 11 (2).
Insert instead "or an incorporated legal practice".
3.2 Workplace Injury Management and Workers Compensation Act
1998 No 86
Section 138 Power to restrict or ban recovery of costs by solicitors
Omit "solicitor corporation" wherever occurring.
Insert instead "incorporated legal practice".
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